Terms of Use Agreement

Welcome to Bungeetags.com, operated by Bungee. By using the Bungee website, (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register your Bungee as a consumer/participant. If you wish to register your Bungee and make use of Bungee’s products and services, please carefully read these Terms of Use. If you object to anything in this Agreement or Bungee’s privacy policy, do not use the Website or Bungee’s products and services. The Terms of Use are subject to change by Bungee at any time, effective upon posting on the Website, and your use of the products and services of Bungee after such posting will constitute acceptance by you of such changes.

1. Acceptance of Terms of Use Agreement.

a. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your registration of your Bungee. This Agreement may be modified by Bungee from time to time, such modifications to be effective upon posting by Bungee on the Website. This Agreement includes Bungee’s privacy policy, Bungee’s subscription policies and any notices regarding the Website. By accessing the Website or registering your Bungee, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

b. Electronic Form. By accessing the Website or registering your Bungee, you consent to have this Agreement provided to you in electronic form.

c. Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to info@bungeetags.com or a letter and self-addressed stamped envelope to: 175 Varick St. 4th Floor, NYC, NY 10014.

d. Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
(i) Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current registration and account information. This means that you will not have the right to use the Bungee products and services unless, and until, we issue you a new registration and account information. We only will issue you a new registration and account information after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
(ii) Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please send an email to info@bungeetags.com or a letter and self-addressed stamped envelope to: 175 Varick St. 4th Floor, NYC, NY 10014.
(iii) Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
e. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.

2. Eligibility.
You must be at least eighteen (18) years of age to register your Bungee or use the Website. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3. Term.
This Agreement will remain in full force and effect while you use the Website and/or have your Bungee registered with us. You may terminate your registration at any time, for any reason, by following the instructions contained within the Website, or by sending Bungee written notice of termination to info@bungeetags.com or email notice of termination to Bungee 278 W. 19th St. #2, New York, NY, 10011. Bungee may terminate your registration by sending notice to you at the email address you provide in your registration, or such other email address as you may later provide to Bungee. All decisions regarding the termination of registration shall be made in the sole discretion of Bungee. Bungee is not required to provide you notice prior to terminating your registration. Bungee is not required, and may be prohibited, from disclosing a reason for the termination of your registration. Even after your registration is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

4. Non-commercial Use by Consumers/Participants.
The Website is for the personal use of individual consumers/participants only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized uses of the Website, including collecting personal information of consumers/participants by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive relief. Use of the Website is with the permission of Bungee, which may be revoked at any time, for any reason, in Bungee’s sole discretion.

5. Account Security.
You are responsible for maintaining the confidentiality of the personal information that you designate during the Bungee registration process, and you are fully responsible for all activities that occur under account information. You agree to immediately notify Bungee of any unauthorized use of your account information or any other breach of security. Bungee will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account information from a public or shared computer so that others are not able to view or record your personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Window's Live ID to the Website.

6. YOUR INTERACTIONS WITH OTHER CONSUMERS/PARTICIPANTS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER CONSUMERS/PARTICIPANTS. YOU UNDERSTAND THAT BUNGEE DOES NOT IN ANY WAY SCREEN ITS CONSUMERS/PARTICIPANTS, NOR DOES BUNGEE INQUIRE INTO THE BACKGROUNDS OF ITS CONSUMERS/PARTICIPANTS OR ATTEMPT TO VERIFY THE PERSONAL INFORMATION OF ITS CONSUMERS/PARTICIPANTS. BUNGEE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF CONSUMERS/PARTICIPANTS. IN NO EVENT SHALL BUNGEE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE AND/OR BUNGEE’S PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS WEBSITE AND/OR BUNGEE’S PRODUCTS AND SERVICES OR PERSONS YOU MEET THROUGH THIS WEBSITE OR YOUR BUNGEE REGISTRATION. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER CONSUMERS/PARTICPANTS OF THE WEBSITE AND BUNGEE’S PRODUCTS AND SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT BUNGEE MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR INTERACTIONS WITH INDIVIDUALS YOU MEET THROUGH THE WEBSITE OR BUNGEE’S PRODUCTS AND SERVICES. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION TO OTHER CONSUMERS/PARTICIPANTS.

7. Content on the Website.

a. Proprietary Rights. Bungee owns and retains all proprietary rights in the Website and its products and services. The Website contains the copyrighted material, trademarks, and other proprietary information of Bungee, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

b. Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Bungee products and services, but not directly by Bungee, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Bungee does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Bungee be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any consumers/participants.

8. Content Posted by You on the Website.

a. You are solely responsible for any content that you publish or display ("post") on the Website, or transmit to other consumers/participants. You will not post on the Website, or transmit to other consumers/participants, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Bungee or to any other consumers/participants. If information provided to Bungee subsequently becomes inaccurate, misleading or false, you will promptly notify Bungee of such change.

b. You may not engage in advertising to, or solicitation of, other consumers/participants. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Website. Although Bungee cannot monitor the conduct of the consumers/participants off the Website, it is also a violation of this Agreement to use any information obtained from the Website and/or Bungee’s products and services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any consumer/participant without their prior explicit consent.

9. Prohibited Activities.
Bungee reserves the right to investigate and terminate your registration if you have misused the Website and/or the Bungee services or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.

10. Modifications to the Website and Bungee’s Products and Services.
Bungee reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or its products and services (or any part thereof) with or without notice. You agree that Bungee shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or its products and services.

11. Consumer/Participant Disputes.
You are solely responsible for your interactions with other Bungee consumers/participants. Bungee reserves the right, but has no obligation, to monitor disputes between you and other consumers/participants.

12. Privacy. Use of the Website and/or Bungee’s products and service is also governed by our privacy policy.

13. Disclaimers.
Bungee is not responsible for any incorrect or inaccurate content posted on the Website or in connection with its products and/or services, whether caused by consumers/participants or by any of the equipment or programming associated with or utilized in the Website and/or the Bungee products and/or services. Bungee is not responsible for the conduct, whether online or offline, of any consumer/participant. Bungee assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, consumer/partipant communications. Bungee is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to consumers/participants or to any other person's computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the Website. Under no circumstances will Bungee or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or Bungee’s products and services, any content posted on the Website or transmitted to consumers/partipants, or any interactions between consumers/participants, whether online or offline. The Website and Bungee’s products and services are provided "AS-IS" and Bungee expressly disclaims any warranty of fitness for a particular purpose or non-infringement.

14. Links.
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Bungee has no control over such sites and resources, you acknowledge and agree that Bungee is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Bungee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.

15. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will Bungee be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or Bungee’s products and services, even if Bungee has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Bungee’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Bungee for the products and services during the term of registration of your Bungee.

16. Jurisdiction and Choice of Law.
If there is any dispute arising out of the Website and/or Bungee’s products and/or services, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in the applicable court of New York City, for the resolution of any such dispute.

17. Indemnity by You.
You agree to indemnify and hold Bungee, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website and/or Bungee’s products and services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

18. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

19. Other.
This Agreement contains the entire agreement between you and Bungee regarding the use of the Website and/or Bungee’s products and services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.